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  Thursday, December 13, 2018  
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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
NINTH U.S. CIRCUIT COURT OF APPEALS
Employment Law
Where a collective bargaining agreement required a hotel operator to arbitrate grievances, a dispute on whether the hotel was obligated to make sure its contractor's employees received payment for accrued benefits was substantively arbitrable.

Local Joint Executive Board of Las Vegas v. Mirage Casino-Hotel, Inc. - filed Dec. 13, 2018
Cite as 2018 S.O.S. 16-16754
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Healthcare Law
A challenge to two agency interim final rules is not rendered moot until the interim rules are superseded by final rules. A state with multiple judicial districts "resides" in every district within its borders. States have standing to sue to challenge interim final rules exempting employers with religious and moral objections to providing insurance coverage for contraceptive care since there is a reasonable probability that women losing coverage will result in economic harm to the states. A federal agency likely did not have good cause or statutory authority to bypass the notice and comment on interim final rules, and so a preliminary injunction barring enforcement of those rules against the states who protested was appropriate. It was an abuse of discretion for a judge to issue a nationwide injunction applicable to states that did not protest the rules.

State of California v. The Little Sisters of the Poor - filed Dec. 13, 2018
Cite as 2018 S.O.S. 18-15144
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Immigration Law
A Board of Immigration Appeals decision not to certify a claim is committed to agency discretion under 5 U.S.C. Sec. 701(a) and is not subject to judicial review. Abuse of discretion challenges, even recast as due process claims, do not constitute colorable constitutional claims.

Idrees v. Whitaker - filed Dec. 13, 2018
Cite as 2018 S.O.S. 15-71573
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CALIFORNIA SUPREME COURT
Criminal Law and Procedure
A district attorney prosecuting a civil commitment petition under the Sexually Violent Predator Act may obtain copies of the treatment records supporting the updated or replacement evaluators' opinions about an individual's suitability for designation as a sexually violent predator. The district attorney may then disclose those records to its retained expert, subject to an appropriate protective order, to assist in the cross-examination of the evaluators or mental health professionals retained by the defense and, more generally, in prosecuting the SVP petition.

People v. Superior Court (Smith) - filed Dec. 13, 2018
Cite as 2018 S.O.S. 5911
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CALIFORNIA COURT OF APPEAL
Modification
Arista v. County of Riverside - filed Dec. 13, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 5916
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